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NSW Is Golf Club in Breach of Trades Practices Act?

Discussion in 'Australian Consumer Law Forum' started by john croxson, 23 November 2015.

  1. john croxson

    john croxson Active Member

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    My golf club is asking for an extra $65 this year to establish a bar tab for all members. If you do not use the bar tab you forfeit the money ($65) at the end of the year. By linking their bar sales to membership (you can not be a member unless you pay the bar tab), is my golf club in breach of section 47 of the Trades Practices Act?

    Regards
     
  2. Sophea

    Sophea Well-Known Member

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    The Trade Practices Act has been obsolete for 5 years.

    Section 47 of the Competition and Consumer Act is the current provision on Exclusive Dealing. Ultimately whether or not your Golf club would be engaged in exclusive dealing as defined by this section is a question that would need to be determined by a court. However, if you brought this to their attention by way of a letter explaining why you believe that they are not complying with the CCA they may alter their practices. If their response is not satisfactory you could contact the ACCC. They may be in a position to assist you.
     
    DennisD likes this.
  3. john croxson

    john croxson Active Member

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    If the golf club is "limited by guarantee" is it more likely or less likely to be in contravention of section 47?
    Does being "limited by guarantee " give them the ability to sidestep section 47?
     
  4. DennisD

    DennisD Well-Known Member

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    The TPA and "limited by guarantee" has nothing to do with this

    You can call ClubsNSW (here are their contact details) and ask them what they say

    Also you might like to read this document from their website

    Personally it seems a bit off kilter to ask you or other members to drink $65 worth of beer each year if you don't want that even if half the boardroom would drink twice that much in under a week
     
  5. Rod

    Rod Well-Known Member

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    See if it was done within the rules of the golf club and not done by someone in management who thought it was a 'good idea'.

    Have you complained to the membership committee?

    You also have the option of voting with your feet - change golf clubs if you are unhappy. You can also stand for committee membership and attempt to change the rules.
     
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  6. john croxson

    john croxson Active Member

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    Thanks, Hugh but ClubsNSW say it's up to the individual club as to how they arrange their membership so they say they are within their rights to ask for a bar tab as an add-on to membership.

    Actually the ACCC suggest they are in breach of section 48 rather than 47 due to their way of advertising the extra money for bar tab.

    Moruya Golf Club, Moruya ( if you would like to see their webpage.)
     

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